Terms of use

The following "Terms of Use" are the terms and conditions under which the ShopMania website (the "Website") and Services (the "Services") are being provided to you.

By joining ShopMania as a "Merchant", you agree to be bound by the present terms and conditions (the "Agreement"). In this Agreement, "you" and "your" refers to the Merchant. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of ShopMania, shall be bound by this Agreement. You further agree that you are bound by this Agreement whether you are acting on your own behalf or on behalf of a third party.

Definitions
1. The "End User" refers to the internet user.
2. "Link" is a hyperlink leading from one web page to another.
3. "Merchant Content" includes all material, information provided by the Merchant to ShopMania, in whatever form, including graphics and images, text, logos and trademarks, whether owned by the Merchant or not.
4. The "Merchant Interface" is the section of the web site reserved for registering, managing and bidding for listings, which can be accessed at a specific URL which is determined by ShopMania.
5. "Merchant Website" is the website of the Merchant or the location from which the Merchant offers, markets and/or sells products and/or services.
6. "Proprietary Technology" means the computer programs and software of ShopMania as well as all services, methods, procedures, data, information, designs, trademarks and other proprietary rights which belong to ShopMania or in which ShopMania holds rights.
7. The "Services" are the services provided by ShopMania to bring customers via links to the products and services offered on the Merchant website. This takes place through the presentation of the Merchant Content on the ShopMania website.
8. The "ShopMania Website" means the online shopping service of ShopMania, providing price and product comparisons, merchandise information and an area reserved for merchants, the Merchant Interface.
9. The "Territory" is the whole world.
10. Click-out / Redirect is the click of an End User on an offer which leads him directly from the ShopMania Website via a link to the Merchant Website.
11. CPC (cost per click) is the amount of money an advertiser pays search engines, price comparison sites and other Internet publishers for a click on its advertisement that brings one visitor to its website.
12. Paid Merchant Click is each click made by an End User on a link within a user session, as measured using ShopMania’s standard tracking methods.
Term

The Term of this Agreement shall begin on the day that ShopMania accepts your application to become a Merchant, and shall continue until this Agreement is terminated either by you or by ShopMania, in accordance with Section 13 of this Agreement.
Access to Website and Services
1. 3.1. Upon ShopMania's acceptance of the Merchant's application to become a Merchant, the Merchant appoints ShopMania, and ShopMania accepts such appointment, to undertake the Services in the Territory during the Term, as hereinafter defined.
2. 3.2. For the purpose of the promotion of ShopMania and their use of the Merchant Content, Merchant hereby licenses to ShopMania and its Affiliates the non-exclusive, perpetual, irrevocable, royalty-free right and license, in the Territory, to (i) organize, reproduce, display and otherwise use Merchant Content as well as adapted and translated versions of the Merchant Content (alone or in combination with other Links and works) whether via the internet, via wired or wireless communication networks, simultaneously or successively and in locations and at times of its choice and to transfer such content, particularly on the Internet, on demand, via email, text message and other channels or media, as well as to duplicate the content for the abovementioned purposes; (ii) reproduce, transmit, publicly display and/or distribute Merchant Content as well as adapted and translated versions of Merchant Content, via any medium; (iii) develop and operate Links that permit End Users to access the Merchant Website; (iv) use, reproduce, organize and publicly display Merchant's trademarks, logos, slogans, trade names and service marks in connection therewith; (v) to edit, adapt, abbreviate or translate in any languages the Merchant Content, to add new or altered content or works and to grant access to this edited content to third parties; (vi) to catalogue and archive the Merchant Content wholly or partly in any technical form whatsoever and to transfer it into electronic databases and/or data networks and to grant third parties access to these databases; (vii) to exploit advertising in online and offline media, in particular to grant access to the Merchant Content to third parties and to combine the Merchant Content with the content of third parties and to incorporate it in print advertisements, brochures, advertisement films and advertising banners distributed by ShopMania or any authorized third party; and (viii) if the Merchant authorizes ShopMania, to automatically produce product lists or, if the Merchant Content contains image URLs, the right to exploit the Merchant Website with web crawlers.
  ShopMania shall be entitled to assign or sub-license all the above mentioned rights, as necessary, to carry out the Services, to promote the ShopMania Website and to facilitate the activities of ShopMania.
  
  Nothing in this Agreement shall limit ShopMania's right to use data and information (including Merchant Content) that is in the public domain.
3. 3.3. ShopMania may, at its exclusive discretion, suspend partially or entirely the Services further to a claim received from a third party by ShopMania in respect of (i) the Merchant Content, or (ii) the products or services offered or sold or offered for sale by Merchant. Merchant expressly agrees that such suspension shall not give right to any indemnification from ShopMania, even if the third party's claim is groundless.
4. 3.4. It is strictly forbidden to use the Services with the purpose of conducting illicit activities, according to the applicable law. All such activities will lead to the suspension of your Merchant account.
5. 3.5. ShopMania reserves the right to suspend access to any Merchant account at any time, in case of suspicions regarding the authenticity and accuracy of the information transmitted via the Website or Services.
6. 3.6. The Merchant's website must contain complete contact information, including but not limited to: company name, valid phone number, valid email address, company registration number, address of headquarters or order fulfillment center.
7. 3.7. ShopMania reserves the right to deny access to Services to duplicate shops. Duplicate shop means any shops that are owned or operated by the same company or individual, that display obvious similarities in terms of design and style and that sell the same products, no matter if at the same price or at different prices.
8. 3.8. The prices displayed on the Merchant's website must be expressed in USD or the Merchant's website must include the option for automatically converting the prices to USD.
9. 3.9. It is recommended that the prices contained in the Merchant's datafeed file are expressed in USD, in order to avoid possible inaccuracies caused by the automatic conversion to USD.
10. 3.10. The Merchant must clearly state in a highly visible and directly accessible area on the pages of his website, if the prices displayed do not include all applicable taxes.
11. 3.11. The Merchant must declare the applicable shipping costs for each of the products, by including the shipping costs in the datafeed file or by setting them up in Merchant Interface on ShopMania. The shipping costs declared by the Merchant must be equal to the ones displayed on the Merchant's website.
12. 3.12. It is recommended that the Partner also declares the availability of the products submitted to ShopMania, by including this information in the datafeed file or by setting them up in the Merchant Interface on ShopMania. The product availability information provided by the Merchant must entirely match the information displayed on the Merchant's website.
13. 3.13. ShopMania reserves the right to suspend the Merchant's access to the Services, in case of suspicions that include but are not limited to the prices offered by the Merchant, the authenticity and validity of the product information etc.
14. 3.14. ShopMania reserves the right to suspend access to any Merchant account at any time, as a result of negative reviews or complaints received by ShopMania from a third party in respect of the Merchant's business practices.
15. 3.15. The violation of the present Terms and Conditions will automatically lead to the termination of your Merchant account.
16. 3.16. Links to other websites or resources may be provided by ShopMania or by third parties. As control over such sites and resources cannot be performed, by using the Website and Services you acknowledge and agree that we are not responsible for the availability of such external sites or resources, that we do not endorse and that we are not responsible or liable for any content, advertising, products, product information or any other materials that are made available on or through these websites. Furthermore, you acknowledge and agree that any damage or loss caused, or allegedly caused, by the use of such external resources will not be accounted to ShopMania or any of its third parties.
17. 3.17. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with ShopMania or to monitor or copy ShopMania Website or the content contained therein except those automated means expressly made available by ShopMania, if any, or authorized in advance and in writing by ShopMania (for example, ShopMania approved third party tools and services). You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the ShopMania Website. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on ShopMania's infrastructure (as determined by ShopMania in its sole discretion).
Responsibility for Merchant Content
1. 4.1. You acknowledge that you are responsible for all the Merchant Content that you provide to ShopMania, including but not limited to information, data, text, photographs, graphics, video, messages etc.;
2. 4.2. You warrant that you are owner of the materials you provide within your Merchant Content, or that you have the consent or permission to use these materials in any way, including its reproduction and distribution on the Website or other channels;
3. 4.3. You grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, perform and display your Merchant Content, in whole or in part, worldwide, at present or in the future;
4. 4.4. You agree that you will not post any Merchant Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless you have the owners’ consent to perform such an action;
5. 4.5. You will not provide any Merchant Content that might harm ShopMania or other third parties;
6. 4.6. You will not provide any Merchant Content that is false, inaccurate, illegal, harmful, abusive, harassing, vulgar, privacy invasive or that offends or intimidates individuals or groups of individuals with regard to gender, age, race, ethnicity, religion, sexual orientation or disabilities;
7. 4.7. You will not provide any Merchant Content promoting illegal activities;
8. 4.8. You will not use the identity of another real person in your interactions with the Website or Services.
Policies regarding ShopMania Widgets
1. 5.1. Merchants creating and publishing a ShopMania widget, such as the MiniShop Widget, are required to adhere to the following policies. If you fail to comply with these policies, we reserve the right to suspend your ShopMania account and/or disable your widgets at any time.
2. 5.2. Because we may change our policies at any time, please check this page periodically for updates. It's your responsibility to keep up to date with, and adhere to, the policies posted here.
3. 5.3. Merchants may not place the ShopMania widgets, including the MiniShop Widget, on pages that display content that violates the following content guidelines.
4. 5.4. The sites where the MiniShop widget is published may not include or link to:
  1. Pornography, adult or mature content
  2. Violent content
  3. Content related to racial intolerance or advocacy against any individual, group or organisation
  4. Excessive profanity
  5. Hacking/cracking content
  6. Gambling or casino-related content
  7. Illicit drugs and drug paraphernalia content
  8. Sales of beer or hard alcohol
  9. Sales of tobacco or tobacco-related products
  10. Sales of prescription drugs
  11. Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns)
  12. Sales of products that are replicas or imitations of designer or other goods
  13. Sales or distribution of coursework or student essays
  14. Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
  15. Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
  16. Illegal downloads, torrents, torrent search engines
5. 5.5. The sites where the ShopMania Widgets, including the MiniShop Widget, are published must adhere to the commonly accepted and respected web quality guidelines, including but not limited to:
  1. The sites must not use cloaking or sneaky redirects;
  2. The sites must not include pages with malicious behavior, such as phishing or installing viruses, trojans, or other badware;
  3. The sites may not change user preferences, redirect users to unwanted websites, initiate downloads, include malware or contain pop-ups or pop-unders that interfere with site navigation.
Legal obligations and limits of Liability
1. 6.1. Any matter in relation to or arising from the use of the Website, including any breach or suspected breach of these Terms of Service, or your violation of any law or of the rights of any third party that can lead to a third party soliciting claims and/or damages to us and our Merchants and employees, will be compensated by you.
2. 6.2. Any liability for damage to your computer system or loss of data that results from using the Website shall not be accepted by ShopMania. We also cannot guarantee the integrity of the files that you may download or that they are free of viruses, contamination or other types of threats.
3. 6.3. The ShopMania website is provided "as is”. ShopMania will take reasonable steps to ensure that the Services are being provided with reasonable skill, care and accuracy, but ShopMania makes no warranties of any kind regarding the ShopMania Website or Services. ShopMania does not warrant that or guarantee that the operation of the ShopMania Website will be uninterrupted or error-free.
4. 6.4. ShopMania does not make any representations regarding the use or the results derived from the ShopMania Website. ShopMania does not warrant or guarantee that any End Users will purchase the products or services from the Merchant.
Proprietary rights

Merchant understands and agrees that ShopMania is the exclusive owner of the Proprietary Technology, including, without limitation, any and all trademarks, intellectual property or proprietary rights therein. ShopMania does not grant to Merchant any right or license in the Proprietary Technology. Merchant acknowledges that ShopMania is and shall be the sole owner of all right, title and interest in and to any and all information, data, compilations and processes resulting from ShopMania's operation of the ShopMania Website. ShopMania does not grant Merchant any right, or any license, express or implied, in the Proprietary Technology and does not grant Merchant the right to use the Proprietary Technology without its written consent.
Trademark information

"ShopMania" and the ShopMania logo are trademarks of SC Asesoft Net SRL. You agree not to display or use, in any manner, the ShopMania BIZ trademark or any related content without prior permission from SC Asesoft Net SRL.
Indemnification

Merchant shall indemnify and hold ShopMania harmless from any and all claims, liabilities, judgments, costs, damages, losses and expenses, including reasonable legal fees, arising out of or in connection with (i) any breach or misrepresentation under this Agreement by Merchant, its affiliates, or other persons, or the employees or agents of any of the foregoing; (ii) the products or services offered or sold or offered for sale by Merchant; and (iii) the Merchant Content.
Payment
1. 10.1. Merchant agrees to pay in advance ShopMania all applicable charges to its account, in accordance with the terms of the program and/or payment package selected, including, if any, all applicable taxes. Merchant has the right to activate or deactivate the bids (CPC) at any time. Merchant agrees that he will be charged for every click-out on either a Merchant Link or a Merchant's product or service link from the ShopMania Site to the Merchant, multiplied by the amount he has bid for the relevant category (the CPC - "cost per click"), as calculated in accordance with ShopMania's standard practices, charges that will be deducted from the available account balance. Activating the minimum bids (CPCs) will not assure prioritary listing with respect to other stores, the order being established according to the algorithms in use. Merchant represents that all information provided for the purpose of enrolling as a Merchant will be accurate, complete and current. If Merchant elects to pay by credit card, charge card or debit card, he understands and agrees that personal data will be shared with one or more third parties (including GECAD ePayment) for the purposes of processing the payment. Merchant's right to access his accounts with ShopMania is subject to any limits established by ShopMania. If payment cannot be charged to Merchant's credit/charge/debit card, for whatever reason, or if there is a chargeback for any reason, or if Merchant's financial institution does not honor the check, ShopMania reserves the right to either suspend or terminate Merchant's accounts with ShopMania. Suspension or termination includes but is not limited to removal of Merchant's search listings from the ShopMania Sites. In the event of any failure by Merchant to make payment, Merchant will be responsible for all reasonable expenses (including attorneys' fees) incurred by ShopMania in collecting such amounts.
2. 10.2. Merchant agrees that the Merchant Content may only be listed on ShopMania Website after the payment is received, as long as the bids (CPC) are activated and until the available account balance is depleted. In the event of any failure by Merchant to meet any of these requirements, ShopMania reserves the right, in its sole discretion, to suspend Merchant's account with ShopMania Website.
3. 10.3. The CPC rates vary depending on the category (the costs for each category are specified in the control panel of Merchant and in the rate card page). ShopMania reserves the right, in its sole discretion to modify the bid rates for each category or for all categories in the ShopMania system without prior notice.
Site placement

ShopMania specifically disclaims any warranty regarding the rank, location and prominence of Merchant Content anywhere on the ShopMania Website. ShopMania reserves the right to determine whether and where the Merchant Content will be displayed in response to any given search, and ShopMania does not guarantee any specific placement on the ShopMania Website. ShopMania reserves the right to remove Merchant Content at any time, on reasonable grounds, for any breach of this Agreement or infringement of any third party rights.
Guarantees

By accessing the Website (browsing, registering) or using the Services, you accept and agree to be bound by these Terms of Use, to not use the Website for any other purposes than the ones allowed by its owners and to not formulate or take action regarding any claims from ShopMania and its staff.
Service availability

ShopMania does not hold liability and reserves the right to modify or discontinue the Website or Services, in part or in whole, temporarily or permanently, or to launch new services or improvements, with or without prior notice.
Cancellation or Termination

Either the Merchant or ShopMania may terminate this Agreement at any time. Where the Merchant wishes to so terminate the Merchant must submit a request via the Merchant Interface and termination shall not take effect until such a request has been validly submitted. Where ShopMania terminates this Agreement it will provide notice to the Merchant in accordance with clause 14 of this Agreement.
Notices

Notices (including notice of changes to or termination of this Agreement by ShopMania) may be given by email from ShopMania or posted in the appropriate section of the ShopMania Website. It is your responsibility to ensure that your e-mail address and any other contact information you provide to ShopMania is updated and correct.

Terms of use

Definitions

Term

Access to Website and Services

Responsibility for Merchant Content

Policies regarding ShopMania Widgets

Legal obligations and limits of Liability

Proprietary rights

Trademark information

Indemnification

Payment

Site placement

Guarantees

Service availability

Cancellation or Termination

Notices